| FEDERAL COURT OF AUSTRALIA
Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555 | |
| File numbers: | NSD 1485 of 2018
NSD 1486 of 2018 NSD 1487 of 2018 |
| Judgment of: | BESANKO J |
| Date of judgment: | 1 June 2023 |
| Catchwords: | DEFAMATION — defamation proceedings — where the applicant is a very well-known Special Air Service Regiment (SASR) soldier and a Victoria Cross recipient — where 14 defamatory imputations alleged — where there are multiple print and online publications — where imputations are of the most serious kind — imputations involving murder, bullying, assault and domestic violence — where substantial damage caused to both reputation and earning capacity of the applicant — where defences include allegations of very serious criminal conduct — defence of justification or substantial truth s 25 Defamation Act 2005 (NSW) — defence of contextual truth s 26 of the Defamation Act 2005 (NSW) — where National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) applied to proceedings — whether the alleged imputations were conveyed by the publications — consideration of s 140 of the Evidence Act 1995 (Cth) and common law principles concerning the standard of proof where serious criminal conduct is alleged including Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 — consideration of whether the material before the Court may be so limited that it does not form an appropriate basis upon which to reach a reasonable decision — distinction between absence of proven motive and proven absence of motive — consideration of the effect of the passage of time on the reliability of oral testimony — consideration of the nature of circumstantial evidence — inferences in relation to the failure of a party to call a particular witness: Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 — principles in Browne v Dunn (1893) 6 R 67 (HL) — consideration of lies as evidence of consciousness of guilt — consideration of whether the respondents have established the substantial or contextual truth of the imputations |
Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555
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